Karnataka Court January 2008 Judgments
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East West Hotels Ltd. Rep. by Its Executive Chairma, Prem Kumar Menon ...
Court: Karnataka
Decided on: Jan-18-2008
Reported in: (2008)217CTR(Kar)198; ILR2008KAR1004; [2009]309ITR149(KAR); 2008(1)KCCRSN78(DB)
K.L. Manjunath, J.1. This appeal is by the assessee challenging the concurrent findings of the assessing officer Commissioner of Income Tax (Appeals), Bangalore, and the order passed by the Income Tax Appellate Tribunal, Bangalore Bench in ITA. No. 19/Bang/98 for the assessment year 1989-90,2. The assessee is a company registered under the Indian Companies Act, 1956. The assesses filed the return of income on 31.12.1989 and the same was processed under Section 143(1)(a) of the Income Tax Act (for short the 'Act). The assessee is indulged in the hotel business activities. One such establishment was in Bangalore under the name and style 'East West Hotel Ltd.', at Residency Road, Bangalore. The said hotel has been given to the Indian Hotels Company limited under an agreement dated 1.6.-1997 for an initial period of 33 years and giving option to renew the same for a further period of 33 yearn The said agreement is entered into under the name and style of 'Licence Agreement'. The assessee c...
K.C. Chandrashekar Raju Vs. D. Venkatesh and ors.
Court: Karnataka
Decided on: Jan-18-2008
Reported in: ILR2008KAR1660; 2008(6)KarLJ298; 2008(2)KCCR851; 2008(2)KCCR1153; 2008(4)CivilLJ411
ORDERV.G. Sabhahit, J.1. This writ petition is filed being aggrieved by the order passed by XI Addl. City Civil Judge, Bangalore City dated 29.9.2005 in O.S. No. 4858/2003 wherein application I.A. XXII filed by the plaintiff-writ petitioner herein under Order 18 Rule 4(1) r/w. Section 151 CPC, and Sections 63(2) and 65(c) of the Evidence Act is rejected.2. I have heard the Learned Counsel appearing for the writ petitioner and the learned Counsel appearing for the respondent.3. The writ petitioner who is the plaintiff in O.S. No. 4858/2003 filed application I.A.22 to mark the xerox copy of the agreement of sale dated 5.5.94 on the ground that the original of the said document had been deposited with the Banker for raising loan and the Banker has lost said original agreement and wherefore, plaintiff may be permitted to produce xerox copy of the original agreement under Section 65(c) of the Evidence Act. The Banker was examined as PW8 and since objection was raised for production of the x...
Karnataka University by Its Registrar Vs. Shri Tirakappa Hanumantappa ...
Court: Karnataka
Decided on: Jan-18-2008
Reported in: ILR2008KAR3183; 2009(2)KarLJ323; 2008(4)KCCRSN319; 2008(5)AIRKarR153; AIR2008NOC2598(DB)
V. Gopala Gowda, J.1. This Appeal is filed by the beneficiary-Karnataka University and the cross-objection is filed by the owners of the acquired lands questioning the correctness of the judgment and award dated 6/9/2006 passed in LAC No. 41/2004 by the II Addl. Civil Judge (Sr. Dn.) Dharwar (herein after in short called as 'Reference Court') fixing the market value at Rs. 33,000/- per acre for the acquired lands with all other statutory benefits under the Land Acquisition Act (in short L.A. Act). While the appellant states that the market value fixed by the reference court is on the higher side and seeks to set aside the judgment and award of the reference Court, the cross-objectors in their cross-objections have prayed for dismissal of the appeal and claimed interest at 9% per annum for one year from the date of preliminary notification dated 18/3/1971 and thereafter at 15% till payment of compensation as provided Under Section 34 of the L.A. Act.2. There is a delay of 54 days in fil...
Veerabhadrappa S/O Siddalingappa Shettar (Since Dead by Lrs. Shantawwa ...
Court: Karnataka
Decided on: Jan-17-2008
Reported in: 2008(4)KarLJ736; 2008(2)KCCR710; 2008(2)AIRKarR513; AIR2008NOC1240; 2008AIHC2059(Kar)
ORDERN.K. Patil, J.1. The petitioners, being aggrieved by the order dated 28.2.2004, passed in Misc. Appeal No. 13/1998, by the Principal Civil Judge (Sr. Dn), Jamkhandi, dismissing the appeal and confirming the order dated 3.4.1998, passed in Civil Misc. No. 101994, by the Civil Judge (Jr. Dn), Bilagi, and allow the revision petition by restoring O.S No. 9/1993 on its file and permit the plaintiffs/petitioners to adduce further evidence in the interest of justice and equity, have presented the instant Civil Revision Petition.2. The grievance of the petitioners herein-plaintiffs in the instant Civil Revision petition is that, petitioners have filed a petition under Order 9 Rule 9 of CPC praying to set aside the order dated 10.2.1994 passed in O.S. No 9/1993 stating that, the said suit was dismissed for non prosecution and prayed for restoration of the said suit in the interest of justice and equity and sought permission to proceed with the said suit by restoring the same on its origina...
Tata Tea Ltd. Vs. State of Karnataka
Court: Karnataka
Decided on: Jan-17-2008
Reported in: (2009)23VST287(Karn)
ORDERK.L. Manjunath, J.1. This appeal is by the assessee being aggrieved by the order passed by the Karnataka Appellate Tribunal, Bangalore in STA No. 464/05 dated May 30, 2006, wherein the Tribunal has confirmed the order passed by the Joint Commissioner of Commercial Taxes, Bangalore, passed under Section 21(2) of the Karnataka Sales Tax Act, 1957, dated March 10, 2005.2. The petitioner is a public limited company registered under the Companies Act, 1956. The petitioner-company, during the assessment year 1997-98, had purchased raw coffee from grower, unregistered dealer and registered dealer. It has also purchased cured and uncured coffee. The petitioner after purchasing berries got cured the same through a private curer and exported the coffee so purchased by it to a foreign buyer based on order placed by a foreign buyer. Thereafter, the assessee filed the return claiming exemption under Section 5(3) of the Central Sales Tax Act. The return filed by the assesses/petitioner was acce...
State of Karnataka Vs. Woodlands Hotel (P) Ltd.
Court: Karnataka
Decided on: Jan-17-2008
Reported in: (2009)25VST9(Karn)
ORDERK.L. Manjunath, J.1. This revision is by the Revenue under Section 23(1) of the Karnataka Sales Tax Act, 1957. The respondent-assessee is running a boarding and lodging at Bangalore. For the assessment years 1997-98, 1998-99, 1999-2000, 2000-01 and 2001-02 the assessing officer accepted the returns filed by the assessee under the Sales Tax Act and passed an order under Section 12(3) of the Act. The revisional authority, on examining the assessment order observed that the orders of assessment were found to be prejudicial to the interest of the Government on the following three grounds:(1) The sales turnovers relating to food and drinks determined by assessing authority was not commensurate with the purchases and also with the expenditure relating to salaries and establishment.(2) Purchase of charcoal and brickets from unregistered dealers not having been assessed for full value of purchase was not in accordance with law and(3) There was error in not having levied purchase tax on pu...
National Insurance Co. Ltd. Rep. by Its Assistant Administrative Offic ...
Court: Karnataka
Decided on: Jan-16-2008
Reported in: 2008ACJ1459; AIR2008Kant85; ILR2008KAR959; 2008(5)KarLJ697; ILR2008(1)Kar959; 2008(5)KLJ697; 2008(2)KCCRSN87; 2008(2)AIRKarR562; AIR2008Kar85; 2008ACJ1459; 2008AIHC2090(Kar)(DB)
1. These two appeals are listed today for hearing on admission after service of notice to the respondents in each of the appeals. Learned Counsel appearing on both the sides submit that the appeals be taken up for final disposal. With the consent of the learned Advocates appealing on both the sides, the appeals are heard for final disposal.2. Brief facts of the case are:Sri. Honnappa, the petitioner, while he was proceeding towards his residence in a scooter bearing registration No. MEG 1913 on 1-1-2000 at about 0.30 hours and when he had reached Bendoor-well circle, a motor cycle bearing registration No. MAW 1010 came from the opposite direction and dashed against the scooter of the petitioner, as a result, he was thrown out, he fell down and sustained injuries. After taking treatment, he filed a petition under Section 166 of the Motor Vehicles Act., 1988, (for short the Act) which later on was converted to one under Section 163A of the Act claiming compensation from the owner and ins...
Wockhardt Hospital and Heart Institute Represented by Its General Mana ...
Court: Karnataka
Decided on: Jan-16-2008
Reported in: 2008CriLJ2198; ILR2008KAR851; 2008(2)KarLJ593; 2008(2)KCCR807; 2008(2)AIRKarR413; 2008(3)AICLR125
ORDERK. Bhakthavatsala, J.1. The petitioner/accused in CC No. 14643/2006 on the file of IV Addl. Chief Metropolitan Magistrate, Bangalore, for the offence under Section 406 of IPC, is before this Court under Section 482 of Cr.P.C., praying to quash the order dated 25.5.2006 made in CC No. 14643/2006 and also quash the further proceedings.2. The petitioner/accused is represented by Sri Padmanabha Mahale, learned Senior Counsel along with the Advocates on record. The respondent/complainant is represented by M/s. Pramila Associates.3. Heard arguments.The brief facts of the case leading to the filing of the Petition may be stated as under.The respondent/complainant, while working as a Chief Telephone Supervisor, Bangalore Telephones, Department of Telecommunication, underwent an emergency, coronary artery bypass grafting surgery on 18.6.1992 in the accused/ Hospital. The accused/hospital, by its letter dated 17.6.1992, had communicated to the Telecommunication Department that the treatment...
Sri Malakari S/O Devappa Pudalakatti (Since Dead by His Lr Smt. Sitaww ...
Court: Karnataka
Decided on: Jan-14-2008
Reported in: ILR2008KAR1568; 2008(3)KarLJ465; 2008(1)KCCR269; 2008(2)AIRKarR479
ORDERH.V.G. Ramesh, J.1. Petitioner has sought for quashing the order dated 29.1.2004 for such other orders.2. According to the petitioner, her father namely Malkari Devappa Pudalkatti was personally cultivating the agricultural land in Sy. No. 3 to the extent of 11 acres on the southern portion of the same which was in all, measuring 22 acres situate at Alakanur Village of Raibag Taluk, Belgaum and he had also filed Form 7 for granting occupancy rights. The Land Tribunal, Raibag had granted occupancy rights to the father of the petitioner on 20.1.1979. The said order wag challenged by the 4th respondent before this Court in WP 40056/1993 and this Court remanded the matter to the Tribunal for fresh disposal. According to the petitioner, her grand father was cultivating the land and was in possession of the land in question and alter his death, her father was cultivating and on the death of her father, she being the legal heir of the deceased Malkari, she also is cultivating the land in...
Nagamma @ Nagarathna W/O. Late Puttaiah, Vs. R. Chandramma W/O Kempann ...
Court: Karnataka
Decided on: Jan-14-2008
Reported in: [2008(118)FLR184]; ILR2008KAR1293; 2008(3)KarLJ524; 2008(1)KCCR432; 2008(2)AIRKarR411; 2008LabIC(NOC)689(Kar)
K. Ramanna, J.1. All these three appeals are filed by the L. Rs. of late. Puttaiah and other injured claimants against respondents 1 to 3 challenging the liability fixed on the owner of the vehicle by the Commissioner for Workmens Compensation in its judgment and award dated 27.11.2002 whereby, the Commissioner for Workmens' Compensation. Tumkur, allowed the claim petitions in all the three cases and directed the respondents 1 and 2 to pay the compensation.2. The appellants in MFA. 647/2003 are the wife and children of late. Puttaiah who is stated to be the coolie working under the respondent as loader and unloader, died on account of rash and negligent driving of the Tractor and Trailor by the respondent No. 2 resulting in accident that occurred on 4.7.1998. The appellants in MFA. 645/2003 and MFA. 546/2003 suffered various type of injuries in the said accident. Admittedly, respondent No. 1 is the owner of the Tractor and Trailor bearing Regn. No. KA-02-833 and 834 which was duly insu...
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